Family requirements
Unfortunately, there are quite a lot of families in Russia who have a child with a disability, so the state does not have the opportunity to provide land for the construction of each of them. Therefore, in order to become a participant in such a program, the family of a disabled child must be considered in need of improved housing conditions.
Requirements for a family owning real estate
A family that owns real estate may be considered in need of improved conditions if:
- The living area of the existing property should be no more than 18 square meters. m per person. It is worth noting that this value may vary depending on the region.
- The property does not meet sanitary standards.
- The housing is located far from the specialized school where the child will receive an education, or from the rehabilitation institution that he attends.
Family requirements, no real estate
A family that does not have its own property is automatically considered to be in need of improved housing conditions. Therefore, if such a family has a disabled child, then it can apply for land on a preferential basis.
If grandparents or other close relatives who are not the child’s guardians have their own housing, then the family still has the right to housing.
What to do if refused?
Often the commission refuses to provide a site.
The reasons are:
- lack of necessary documents;
- false information;
- reuse of rights;
- the family of a disabled child has a plot of land;
- lack of vacant plots.
In the first two cases, you are allowed to re-submit your application. In other situations, it is necessary to go to court.
To appeal a decision, you must file a claim within three months, attaching a copy of the administration’s decision and documents.
The claim will not be considered if the citizen who applied has not documented the child’s disability or has registered to participate in the auction.
Where do they provide land?
You can get a plot for disabled children in any region of the Russian Federation. To do this, you need to contact your local administration.
Important! It is worth noting that a family can count on a land plot, which is located in the region where it lives with a disabled child.
Also, the land that is given for construction must be close to populated areas, which must have all the necessary communications, such as electricity, gas, sewerage and water.
Who belongs to this preferential category?
Provision of land plots to families with disabled children is carried out in the following cases:
- his health was significantly damaged, some body functions were lost due to illness, congenital defect, or injury;
- his activities were significantly limited - he cannot move independently, serve his needs, communicate or control the process of communication with others, or learn;
- the child requires special social protection, which includes rehabilitation.
Depending on the degree and nature of developmental defects, the child is assigned one of three disability groups . It can be awarded for either 1-2 years (after this period the disability will need to be re-confirmed) or until adulthood.
Are you in line to receive free land? Find out how to check your place on the list!
List of required documentation
In order to be able to get on the waiting list to receive land for construction, you need to collect certain papers and documents, namely:
- A copy of the passport of the parent who represents the interests of the child or his guardian.
- Certificate of place of residence of the applicant and the child (they must be registered in the same living space).
- A document confirming the child's disability.
- Birth certificate of a disabled child and other children and their copies.
- Documents about existing real estate, which confirm that the family needs to improve their living conditions.
Is it allowed or not?
Disabled children include persons under 18 years of age. Childhood disability can be established later than adulthood if there are medical grounds and the appropriate timing of the onset of the disease has been established.
By law, a family raising a disabled child has the right to receive a free allotment of land from the state. At the federal and regional levels, programs have been developed to help improve the living conditions of disabled children.
The right to free receipt
is granted to the parents of a child whose capabilities are limited as a result of:
- serious illness;
- defect from birth;
- suffered trauma.
If a family is raising three or more children, including a disabled person, the territory will be allocated free of charge. If a family does not have many children, it is given the right to purchase land without participating in an auction.
The allocation of an allotment is made once - it will not be possible to re-exercise the rights. But if the territory has fallen into disrepair for reasons beyond the control of the person (earthquake, landslides, etc.), the family has the right to apply for the benefit again.
Disabled children are allocated free areas that are not encumbered by the actions of third parties. Parents, guardians or adoptive parents can exercise the right and represent the interests of the child.
Additional Information! If the family did not manage to receive the allotment before the child came of age, he has the right to re-apply.
Algorithm of actions
In order to get a free plot, you need to stand in line , wait for her to arrive and register the received plot. For a more complete understanding of the procedure for obtaining a land plot, you need to consider these stages in more detail.
Read about how to get a free plot of land for an adult with a disability here.
Reasons for providing
The allocation of a plot is made regardless of the disability group assigned to the citizen . Persons with limited working capacity of groups 1, 2 and 3 and disabled citizens are provided with equal conditions, since nothing else is stipulated in legislative documents. The main thing is that the disability be assigned on a permanent and not temporary basis . If the disability is temporary, the decision is made by the administration based on the diagnosis and material standard of living of the applicant for the pension.
As a rule, the limitation on work ability is established by the ITU for one year. If such a citizen has joined a queue that has been moving forward for more than a year, and during this time has not passed a re-examination, then the administration has the right to exclude him from the list of beneficiaries, transferring him to the queue of participants applying for a pension on other grounds (for example, providing a pension for a young families or large families). Either - he will offer to buy out the land plot at the cadastral value or rent out the plot.
If an applicant for the acquisition of land plots belonging to this category registers with the administration in order to take part in the auction, he is alienated from priority in receiving the plot and is allowed to purchase on a general basis, by purchasing and selling the plot from the administration - the organizer of the auction. A ban on participation in auctions for this category of persons is unacceptable, since in addition to the benefits that these citizens can receive, they retain the right to equal participation of the population in the acquisition of real estate.
Appeal to authorities
After collecting all the necessary papers, you need to write an application. In some regions, special forms may be issued for this, which may differ from each other; in some areas, the application can be drawn up in free form.
Usually, you need to write a request to provide land to a disabled child. The applicant must also indicate his personal information and who he is to the child.
In addition, in the application it is worth writing for what purpose the land is being taken . If the site has already been selected, then it is necessary to indicate information about it, such as the address of the land plot, cadastral number, the presence of encumbrances and buildings on it. At the bottom of the application you need to write a list of attached documents, also put a date and signature.
- Sample application for receiving a plot for a family with a disabled child
The completed application and the documents attached to it must be taken to the local administration. It is considered for approximately 14 days.
After this, the applicant must be called and informed of the decision. If the administration makes a positive decision, then the administration can immediately provide him with the plot. If there are no suitable land plots, then the family of a disabled child is put on a waiting list.
Registration procedure
Local administrations are responsible for allocating plots. It is the applicant's responsibility to confirm the benefit and need for a site for a disabled child.
Procedure:
- Registration as needy.
- Submitting an application and documents to the local administration.
- Upon approval of the application, the employee will provide a list of free territories.
- Site selection.
- Collection of documentation for concluding a transaction.
- Obtaining a cadastral passport.
- Registration of ownership rights to land plots or lease.
If a family is not satisfied with the proposed plot, it has the right to refuse and wait for a new option.
Note! If a child is over 14 years old, he has the right to independently contact the administration (with notarized consent from the parents). In other cases, parents (guardians) of a disabled child apply for a plot.
Compiling and submitting an application
There is no unified form. An application for a land plot by a disabled child is submitted by one of the parents or another person representing his interests. The document contains information about the recipient and applicant, and the purpose of the appeal.
The application displays the following data:
full name of the recipient, department;- Full name of the applicant, passport details, registration address;
- grounds for receiving an allotment;
- information about the land plot (cadastral number), in the absence of a specific plot - its intended use;
- having the status of a needy family;
- list of attached documentation.
Signed by a person representing the interests of a child with disabilities (with a transcript of the data). The date of signing is set.
An application is submitted to the local administration. A specially appointed commission reviews it and makes a decision. No state duty is paid.
Reference! Not only members of the commission, but also the guardianship service take part in the consideration of the application.
Required documents
In addition to the application, the parent submits a list of documentation established by law. The list may vary in different regions.
You will need:
- passport or other identification document;
- TIN;
- certificate of family composition (to confirm family ties);
- certificate confirming disability;
- certificate of residence (the parents' registration address must match the address of the disabled child);
- a document confirming the need to improve living conditions;
- birth certificate of the child and other children (if available);
- certificate confirming the status of a person in need.
If the documentation is submitted by the principal, a notarized power of attorney will be required.
Deadlines for making a decision and registering a loan
The processing time for the application is up to 30 days . During this time, administration staff check the accuracy of the information provided. Based on the results of the consideration, a decision is made.
Important! If the deadline for making a decision is delayed, the administration is obliged to inform the applicant about this in writing.
If a positive decision is made, the family of the disabled child must accept the allocated plot. And then use it in accordance with its intended purpose.
Actions after it's your turn
When the family of a child with a disability waits their turn at the site, they must be notified about this. Having received the notification, the applicant must come to the administration, where he must be given a certificate of registration of property rights.
After this, the applicant must contact the Rosreestr authorities or the MFC in order to register the property. In this case, you need to pay a state fee of 300 rubles. The plot must be registered within 30 days after the certificate is issued.
Types of plots
Two types of plots are provided for individual housing construction: agricultural and residential lands.
With settlement lands, everything is simpler; you can build a single-family house on the territory, the number of floors of which does not exceed three. After construction, you can connect to the city infrastructure, obtain registration in this house and set its address. The only condition is that you cannot build an apartment building for renting or selling apartments in it .
But with agricultural land everything is more complicated. They have a number of restrictions, and therefore you cannot use them freely. In particular, the creation of a farm is required, and only then will you be allowed to develop 10% of the total area of the territory.
Conditions for receiving
Every disabled person has the right to own a state plot of land, unless another person already owns it. This right can be used even by those people with disabilities who already own a plot of land. If a negative response has been received from the local authorities to a request for possible benefits for a person with disabilities, it must be kept in writing. This paper will be a good reason for going to court, where you should go first.
Having a child with disabilities, parents often do not know about their rights to receive government benefits or where to go to receive them. This information can be obtained from your local government representative.
Preferential provision of land for disabled people
Russia is the largest country in the world, and not the most densely populated, but for some reason most Russians prefer to live in multi-story “anthills” in a residential area. Not everyone can afford to obtain land and build their own home there; it is not so much expensive as it is difficult. It is especially difficult to obtain land in such a place that it can be built.
This is especially important for people with disabilities - as a rule, the urban environment is not suitable for them at all
, and in their home they can equip everything for their own comfort. And your own home is also a personal plot, which will help you save on food (and even provide a small income), which is even more important for people with low incomes.
And the state, at first glance, took care of providing land for people with disabilities. There is such a clause in the Federal Law of 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, which in Article 17 contains, among other things, direct references to providing disabled people with their own land plots. This right is also
.
So, the main provisions of the laws are as follows:
- disabled people and families with disabled people are given the right to priority receipt of land plots that are in state or municipal ownership;
- the land is leased to these beneficiaries without holding a tender;
- If this is provided for by the legislation of the region, people with disabilities can receive land ownership and completely free of charge.
In other words, people with disabilities receive priority rights to receive a plot of land for rent, and they receive it without bidding (as required by law for all other beneficiaries).
But there are two important points: at the federal level we are talking only about land lease
(only regions can give it ownership according to their own laws), that is, it will be paid; and the law does not directly require that the recipient of the plot needs to improve their living conditions. Why this is important will come later.
